BIJA & ORS versus STATE OF HARYANA

BIJA & ORS versus STATE OF HARYANA

The prosecution proved beyond reasonable doubt that the cause of death was asphyxia due to smothering, resulting in a homicidal death. Jagdish (accused No.3, husband of deceased Santro) had direct, immediate and proximate grievance and there was sufficient evidence for his conviction under Section 302 IPC. However, there was no sufficient evidence to establish common intention under Section 34 IPC for accused Nos. 1, 2, and 4 (Bija, Sona Devi, Raghbir Singh) to kill Santro, so their conviction by the aid of Section 34 IPC was set aside and they were acquitted.

Parties
Appellant Accused: Bija; Appellant Accused: Sona Devi; Appellant Accused: Raghbir Singh; Appellant Accused: Jagdish; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
10 January 2008
Procedural Posture
Criminal Appeal / Decision on Appeal From Conviction and Sentence
Outcome
partly allowed
Legal Topics
Murder, Common Intention, Homicide, Asphyxia, Smothering, Dowry Death
Criminal Law Murder Common Intention Homicide Asphyxia Smothering Dowry Death

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Parties

Bija

Appellant Accused

Sona Devi

Appellant Accused

Raghbir Singh

Appellant Accused

Jagdish

Appellant Accused

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Decision on Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction under Section 302 read with Section 34 IPC was proper for all accused
  2. 2 Whether Santro's death was homicidal in nature
  3. 3 Whether there was sufficient evidence of common intention by all accused

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the cause of death was asphyxia due to smothering, resulting in a homicidal death. Jagdish (accused No.3, husband of deceased Santro) had direct, immediate and proximate grievance and there was sufficient evidence for his conviction under Section 302 IPC. However, there was no sufficient evidence to establish common intention under Section 34 IPC for accused Nos. 1, 2, and 4 (Bija, Sona Devi, Raghbir Singh) to kill Santro, so their conviction by the aid of Section 34 IPC was set aside and they were acquitted.

Court Disposition

partly allowed

Orders

  • Conviction and sentence of Jagdish (accused No.3, husband of deceased Santro) under Section 302 IPC is confirmed.
  • Conviction and sentence of Bija (father-in-law), Sona Devi (mother-in-law), and Raghbir Singh (former husband) by the aid of Section 34 IPC is set aside and they are acquitted.